Kitchen Tile – Is Acoustic Underlay Needed?

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  • 19/05/2018 at 1:43 pm #9189 Reply | Quote
    strata100

      I would like to install porcelain tiles in the kitchen only, the property is in NSW in a small apartment building that is about 20 years old.

      I need guidance if I need to install acoustic underlay underneath the tile?

      My lawyer says the by-laws exempts the kitchen for floor covering, but the strata manager says it is required and needs to match the renovation form guidelines:  IIC > 57, or Ln, w < 53 The by-law: Floor Coverings

      a) An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.

      b) This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom

       

      There’s a big delay in getting a GM because of this. It’s an investment property so I’m losing money every day its empty.

       

      Thoughts? Help?

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    • 19/05/2018 at 4:17 pm #20188 Reply
      Jimmy-T
      Keymaster

        There are two potentially contradictory notions here.  One is the by-law that doesn’t require you to install sound insulation, the other is a general prohibition on creating noise that disturbs your neighbours.

        Clearly kitchens and bathrooms were exempted in the original by-laws because they are ‘wet’ areas that would have some sort of waterproofing under them and were unlikely to have carpet on top. 

        These by-laws were written long before people started putting hard floors down on a concrete slab and were designed to prevent people having to lay down carpet where it really doesn’t belong.

        So are you quoting the actual by-law for your building or standard by-law 14 for pre-1996 buildings (although they may be the same)?

        But what strikes me is, if this is costing you money, how much would it cost just to put underlay down?  You could be waiting months if you pursue this through NCAT and that’s what you will have to do if you try to force the strata committee’s hand.

        Forget the principle and look at the cost. And if your by-laws are the same as the standard by-laws, have a think about By-law 1: 

        1   Noise

        An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot …

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        19/05/2018 at 6:03 pm #29592 Reply
        strata100

          Thanks JimmyT for the speedy response. I get what you are saying and make  good points.

          I understand if I ask a lawyer a question, I get a lawyer response.

          If I ask a strata manager a question I get a strata manager response.

          I’m just trying to collect all the facts so I can make the right decision.

          btw. I was quoting the actual by-law of the building.

          To add some more info:

          I contacted two tilers and they both said they haven’t ever added acoustic underlay in the kitchen before – other than in the case where they tiled into the dining/living room and needed the level to be the same.

          The entrance, is already tiled but it doesn’t have any underlay. so if I put in new tiles in only the kitchen with underlay, there would be a small ramp from the entrance tiles to the kitchen tiles (entrance 12mm, kitchen 17-20mm). Aesthetic wise I prefer to keep the same level.

          The most popular underlay seemed to be Regupol 4515 4.5mm but it has a Ln,w 61

          In my mind, the kitchen isn’t a place where people would spend a lot of time, so the underlay doesn’t seem to add much value …

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          19/05/2018 at 7:44 pm #29594 Reply
          Jimmy-T
          Keymaster

            My answers are going to be pragmatic, rather than legalistic or bureaucratic.  I’d rather get the tiles down then find out if the strata manager had the right to order me to do so (and try to extract the extra cost from them after the tenants had moved in).

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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            20/05/2018 at 11:40 am #29595 Reply
            Austman
            Flatchatter

              IMO the lawyers and the tilers have it right and the Strata Manager has it wrong.

              I’ve not seen acoustic underlay used in tiled kitchens, bathrooms, laundries, lavatories.  They have typically been built that way for as long as I know.  And any by-laws on acoustic requirements usually exempt them.

              Kitchens are actually not considered wet areas under the BCA/NCC rules.  So they don’t actually require waterproofing or floor wastes.  AFAIK the choice of flooring in kitchens tends to be for practical reasons.   In the building where I live all the kitchens have wood floors (so they are not much waterproof at all) but others that I own or have owned use tiles.

              What type of flooring is there now?

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              21/05/2018 at 1:20 am #29597 Reply
              strata100

                @JimmyT thanks for your response. I appreciate it.


                @Austman                 thank you too.

                there is currently a floating timber floor, the neighbours downstairs have said they haven’t heard anything.

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                23/05/2018 at 9:23 am #29611 Reply
                twosailram
                Flatchatter

                  If it is to be rented, are you  tiling to freshen the place up. Have you considered a new floating floor, given existing is ‘noiseless’?

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                  24/05/2018 at 8:20 pm #29624 Reply
                  strata100

                    @twosailram thanks.

                    I did consider floating floor but I think tile is more water resistant than a floating floor.

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